Supreme Court says Trump has absolute immunity for official acts only

NPR ^ | July 1, 2024 | Nina Totenberg

[chuck allen]

But Robert’s said, “ Congress may not criminalize the President’s conduct in carrying out the responsibilities of the Executive Branch under the Constitution.”

That phone call was certainly not a high crime or misdemeanor but they made it one out of whole cloth.

[CA Conservative]

In addition, the prosecutor must not only show that the act could be an unofficial act, but that no aspect of the act could be construed to be within the “outer perimeter” of the president’s official duties.

Take the speech and texts from Trump on J6. Clearly those could be considered the acts of a candidate, as Trump would have done the same if he had not been president. However, because communicating with the voters on a matter of national importance clearly falls within that “outer perimeter” of presidential duties, and it would be impossible to untangle the two. So I don’t see how any charges related to those communications could stand.

[Robert357]

My read of the decision is that slow Joe has no immunity for any illegal acts, such as, interfering with Hunters prosecution, criminally conspiring with the DOJ to implement political trials against Trump.

I hope that the House impeaches Biden and that when Trump wins, the DOJ investigates Biden and he is convicted as a felon and dies in jail. I know....wishful thinking and he would plead lack of mental capacity or be dead before sentencing.

[Bob434]

if im not mistake, the ruling basically stated that prosecutors can’t just assign nefarious motives to presidents in order to prosecute them because presidents have immunity- because that woudl be like trying ‘thought crimes’?

[shadowlands1960]

That is for the best. Keeping the judiciary independent is still the best way to accomplish the goal of your tagline. Thanks for your reply.

[Brian Griffin]

“So his conviction in New York is still there?

“Not an official act, and before he became POTUS, so this precedent doesn’t apply to the NY case.”

Note the dates (and the monthly pattern and the payors):

COUNT VERDICT BUSINESS RECORD DATE
1 Guilty Invoice from Michael Cohen, marked as a record of the Donald J. Trump Revocable Trust Feb. 14, 2017
2 Guilty Entry in the Detail General Ledger for the Donald J. Trump Revocable Trust, bearing voucher number 842457 Feb. 14, 2017
3 Guilty Entry in the Detail General Ledger for the Donald J. Trump Revocable Trust, bearing voucher number 842460 Feb. 14, 2017
4 Guilty Check and check stub, Donald J. Trump Revocable Trust Account, bearing check number 000138 Feb. 14, 2017
5 Guilty Invoice from Michael Cohen, marked as a record of the Donald J. Trump Revocable Trust March 16, 2017
6 Guilty Entry in the Detail General Ledger for the Donald J. Trump Revocable Trust, bearing voucher number 846907 March 17, 2017
7 Guilty Check and check stub, Donald J. Trump Revocable Trust Account, bearing check number 000147 March 17, 2017
8 Guilty Invoice from Michael Cohen, marked as a record of Donald J. Trump April 13, 2017
9 Guilty Entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 858770 June 19, 2017
10 Guilty Check and check stub, Donald J. Trump account, bearing check number 002740 June 19, 2017
11 Guilty Invoice from Michael Cohen, marked as a record of Donald J. Trump May 22, 2017
12 Guilty Entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 855331 May 22, 2017
13 Guilty Check and check stub, Donald J. Trump account, bearing check number 002700 May 23, 2017
14 Guilty Invoice from Michael Cohen, marked as a record of Donald J. Trump June 16, 2017
15 Guilty Entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 858772 June 19, 2017
16 Guilty Check and check stub, Donald J. Trump account, bearing check number 002741 June 19, 2017
17 Guilty Invoice from Michael Cohen, marked as a record of Donald J. Trump July 11, 2017
18 Guilty Entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 861096 July 11, 2017
19 Guilty Check and check stub, Donald J. Trump account, bearing check number 002781 July 11, 2017
20 Guilty Invoice from Michael Cohen, marked as a record of Donald J. Trump Aug. 1, 2017
21 Guilty Entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 863641 Aug. 1, 2017
22 Guilty Check and check stub, Donald J. Trump account, bearing check number 002821 Aug. 1, 2017
23 Guilty Invoice from Michael Cohen, marked as a record of Donald J. Trump Sept. 11, 2017
24 Guilty Entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 868174 Sept. 11, 2017
25 Guilty Check and check stub, Donald J. Trump account, bearing check number 002908 Sept. 12, 2017
26 Guilty Invoice from Michael Cohen, marked as a record of Donald J. Trump Oct. 18, 2017
27 Guilty Entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 872654 Oct. 18, 2017
28 Guilty Check and check stub, Donald J. Trump account, bearing check number 002944 Oct. 18, 2017
29 Guilty Invoice from Michael Cohen, marked as a record of Donald J. Trump Nov. 20, 2017
30 Guilty Entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 876511 Nov. 20, 2017
31 Guilty Check and check stub, Donald J. Trump account, bearing check number 002980 Nov. 21, 2017
32 Guilty Invoice from Michael Cohen, marked as a record of Donald J. Trump Dec. 1, 2017
33 Guilty Entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 877785 Dec. 1, 2017
34 Guilty Check and check stub, Donald J. Trump account, bearing check number 003006 Dec. 5, 2017

https://www.npr.org/2024/05/30/g-s1-1848/trump-hush-money-trial-34-counts

Donald J. Trump Revocable Trust - not a business
Donald J. Trump - not a business

[surrey]

The question of Jack Smith’s appointment is before the Florida judge.
Hopefully she will now declare him unconstitutionally appointed.

[Dr. Franklin]

In addition, the prosecutor must not only show that the act could be an unofficial act, but that no aspect of the act could be construed to be within the “outer perimeter” of the president’s official duties.
Take the speech and texts from Trump on J6. Clearly those could be considered the acts of a candidate, as Trump would have done the same if he had not been president. However, because communicating with the voters on a matter of national importance clearly falls within that “outer perimeter” of presidential duties, and it would be impossible to untangle the two. So I don’t see how any charges related to those communications could stand.

Trump clearly determined there was foreign election interference. That is clear from his meeting with Syndey Powell, Gen. Mike Flynn and others. He had the option of calling forth the militia to address a stolen election. He declined that option in favor of litigation and a peaceful protest. Trump could have done far more consitutionally as POTUS than what he did. If he had, Biden might never have taken the oath of office.

[Bob434]

a pundit just stated that prosecutors now can’t use staff notes, or conversations as evidence against a president working on official business- if so, that is huge-

[yldstrk]

So in a way it a bitter victory? Immune from official acts during the time in office, but unofficial acts can still proceed. Am I reading this right? So all Jack Smith, and his rotten evil to the core judicial branch compadres have to do is change the wording to unofficial act and continue the harassment against President Trump. They did it with the expiration of limitations so they’ll do it here again. They see their candidate, FJB has a fatal wound and they’re going to try to bring Trump to his knees and totally destroy him. It’s an all out war for them now and we’re barely in July. God help us.
*********
No President has absolute immunity. A President can’ commit murder just because he is President—he is President, not King.

[Dr. Franklin]

Note the dates (and the monthly pattern and the payors):

It doesn't make it an official act as POTUS. Any reasonable judge would conclude protecting his images is a private act for which no immunity should attach.

[gibsonguy]

NPR would be the most rat friendly take on it so factor that in with whatever they say.

[kabar]

This case is bogus. It will be overturned. Immunity is not the issue.

[Brian Griffin]

The Supreme Court decided the law correctly, but the nature of each of Trump’s actions in legal dispute, whether official in some respect, or just reelection motivated, are still subject to adjudication.

[subterfuge]

Leftists never take the high road or self reflect that they might possibly be wrong. Besides, they’ve got their marching orders.

[DownInFlames]

I believe it will stand. That trial is on actions before he was president. It will be overturned on legal issues involving misconduct both by the judge and DAs office and violation of his civil rights.

[Brian Griffin]

“The next steps for the Trump Team is to take Jack Smith to court and force a decision as to whether Smith had a legal right to indict Trump.”

It is my understanding that Federal law requires national security cases be prosecuted by a special division within the DoJ.

The head guy I believe is named Jay Brant.

[butterdezillion]

Is it Nina Totenberg’s sister who has been sitting on the GA elections fraud case (where manipulation of the vote tallies remotely was demonstrated in court) for far, far beyond the 3 months she said it would take for her to decide the case?

I wonder what is taking her so long. It seemed pretty cut-and-dried. And another election process hangs in the balance in the meantime. Her delay when she knows that another election could be similarly stolen if she doesn’t act could be understood as election interference all by itself, could it not?

The claims that Trump was acting only in his own interest is blown out of the water by that case, and by what was already demonstrated in that court. The only reason the whole J6 fedsurrection and all the claims about 2020 being honest can even continue is because judges refused to hear the evidence. And now the judge has the evidence but won’t make the clear and obvious ruling that is called for.

[TornadoAlley3]

Biden and Kamala will walk to the mic. Kamala will do the speaking part. Our democracy is in peril because SCOTUS and Trump. We must focus on Trump. Not dementia Joe. Get a booster of TDS.

[kabar]

I urge you to read the entire 120 page decision. Trump’s legal team should be very happy.

https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf